SOUTH CAROLINA - Workers’ Rights

Definition of agricultural worker under state law:

“Agricultural labor” is defined under S.C. Code Ann. § 41-27-120.

Wages and Overtime

Minimum Wage

There is no state minimum wage law.

Overtime

There is no state law regarding overtime pay.

State Enforcement Agency

South Carolina Department of Labor, Licensing, & Regulation, Division of Investigations & Enforcement/Office of Wages & Child Labor

Website: https://www.llr.sc.gov/

Relevant Forms: https://eservice.llr.sc.gov/Complaints/

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are exempted from the state workers’ compensation law (S.C. Code Ann. § 42-1-360(4)) but employer may opt to waive the exemption. S.C. Code Ann. § 42-1-380.

State Enforcement Agency:

South Carolina Workers’ Compensation Commission

Website: https://wcc.sc.gov/

Relevant Forms: https://wcc.sc.gov/claims/claims-forms

Field Sanitation

• There is no state law regarding field sanitation.

Federal Enforcement Agency:

US DOL, South Carolina OSHA Office

Website: https://www.osha.gov/contactus/bystate/SC/areaoffice

Pesticide Safety

• •There are general pesticide regulations, but no state law regarding pesticide safety in agriculture. S.C. CODE ANN. §§ 46-13-10 – 46-13-240.
•  Suspected pesticide poisoning reporting is not required for health care providers.
• The Director of Agriculture may choose to require reporting through regulation. S.C. CODE ANN. § 46-13-110.

State Enforcement Agency:

Clemson Regulatory Services, Department of Pesticide Regulation

Website: http://www.clemson.edu/public/regulatory/pesticide_regulation/index.html

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or the right to engage in collective bargaining with their employers.
• South Carolina is a “right to work” state (S.C. Code Ann. § 41-7-70), meaning no person can be compelled to join a union as a condition of employment or be required to pay union dues. The South Carolina “right to work” law also prohibits picketing.

State Legal Services Organizations

South Carolina Legal Services

http://www.sclegal.org